The Civil Partnership (Pensions, Social Security and Child Support) (Consequential, etc. Provisions) Order 2005

Housing Benefit (General) Regulations 1987

15.—(1) Amend the Housing Benefit (General) Regulations 1987(1) as follows.

(2) In regulation 2 (interpretation), in paragraph (1)—

(a) in the definition of “close relative”, for “or the spouse of any of the preceding persons or, if that person is one of an unmarried couple, the other member of that couple” substitute “or if any of the preceding persons is one member of a couple, the other member of that couple”;

(b) after the definition of “co-ownership scheme” insert the following definition—

““couple” means—

(a)

a man and woman who are married to each other and are members of the same household;

(b)

a man and woman who are not married to each other but are living together as husband and wife;

(c)

two people of the same sex who are civil partners of each other and are members of the same household; or

(d)

two people of the same sex who are not civil partners of each other but are living together as if they were civil partners,

and for the purposes of paragraph (d), two people of the same sex are to be regarded as living together as if they were civil partners if, but only if, they would be regarded as living together as husband and wife were they instead two people of the opposite sex;;”;

(c) omit the definitions of “married couple” and “unmarried couple”;

(d) in the definition of “partner”, in paragraph (a) for “a married or unmarried couple” substitute “a couple”.

(3) In regulation 5 (circumstances in which a person is or is not to be treated as occupying a dwelling as his home), in paragraph (5)(b)(2) for “a married or unmarried couple” substitute “a couple”.

(4) In regulation 46 (interpretation)(3), in paragraph (1), in the definition of “contribution”(4), after “spouse” insert “or civil partner”.

(5) In regulation 63 (non-dependant deductions), in paragraphs (3)(5), (4) and (5) for “a married or unmarried couple” substitute “a couple”.

(6) In regulation 71 (who may claim), in paragraph (1)(6) for “a married or unmarried couple” substitute “a couple”.

(7) In Schedule 2 (applicable amounts), in paragraph 8A(1)(b)(7), after “on or after 9th April 2001” insert “or of a civil partner who died on or after 5th December 2005”.

(8) In Schedule 4 (sums to be disregarded in the calculation of income other than earnings)—

(a) in paragraph 14(8), in sub-paragraph (c), for “widow or widower” substitute “widow, widower or surviving civil partner”;

(b) in paragraph 34(9)—

(i) in sub-paragraph (2)(a), after “estranged or divorced” insert “or with whom he has formed a civil partnership that has not been dissolved or, where that person has died, had not been dissolved at the time of that person’s death”;

(ii) in sub-paragraph (3), after “estranged or divorced” insert “or, where the partner or former partner and that person have formed a civil partnership, the civil partnership has not been dissolved or, if either of them has died, had not been dissolved at the time of the death”;

(iii) in sub-paragraph (4)(a), after “estranged or divorced” insert “or with whom he has formed a civil partnership that has not been dissolved”;

(iv) in sub-paragraph (5)(a), after “estranged or divorced” insert “or with whom he had formed a civil partnership that had not been dissolved”;

(c) in paragraph 53(10), for “widows or widowers” substitute “widows, widowers or surviving civil partners”;

(d) in paragraph 54(11), for “widows or widowers” substitute “widows, widowers or surviving civil partners”;

(e) in paragraph 55(1)(12)—

(i) in paragraph (a), for “widow or widower” substitute “widow, widower or surviving civil partner”;

(ii) in paragraph (b), for “widows or widowers” substitute “widows, widowers or surviving civil partners”.

(9) In Schedule 5 (capital to be disregarded)—

(a) in paragraph 4(b), after “estranged or divorced” insert “or with whom he had formed a civil partnership that has been dissolved”;

(b) in paragraph 23(13)—

(i) in sub-paragraph (2)(a), after “estranged or divorced” insert “or with whom he has formed a civil partnership that has not been dissolved or, where that person has died, had not been dissolved at the time of that person’s death”;

(ii) in sub-paragraph (3), after “estranged or divorced” insert “or, where the partner or former partner and that person have formed a civil partnership, the civil partnership has not been dissolved or, if either of them has died, had not been dissolved at the time of the death”;

(iii) in sub-paragraph (4)(a), after “estranged or divorced” insert “or with whom he has formed a civil partnership that has not been dissolved”;

(iv) in sub-paragraph (5)(a), after “estranged or divorced” insert “or with whom he had formed a civil partnership that had not been dissolved”;

(c) in paragraph 24(1), after “or divorce from” insert “, or dissolution of his civil partnership with,”;

(d) in paragraph 64(14), in sub-paragraphs (c) and (d) after “deceased spouse” insert “or deceased civil partner”;

(e) in paragraph 67(15), after “deceased spouse” (in each place) insert “or deceased civil partner”.

(1)

S.I. 1987/1971.

(2)

Paragraph (5)(b) was amended by S.I. 1990/1549.

(3)

Regulation 46 was amended by S.I. 2000/1981.

(4)

The definition of “contribution” was substituted by S.I. 1996/1944, and amended by S.I. 1998/563, S.I. 1999/1935 and S.I. 2001/2319.

(5)

Paragraph (3) was amended by S.I. 1993/317.

(6)

Paragraph (1) was amended by S.I. 2001/1605.

(7)

Paragraph 8A was inserted by S.I. 2000/2239 for the period 9th April 2001 to 9th April 2006 only.

(8)

Paragraph 14 was substituted by S.I. 1995/2792 and amended by S.I. 1995/3282 and S.I. 2002/841.

(9)

Paragraph 34 was substituted by S.I. 1991/1175 and amended by S.I. 1992/1101, S.I. 1993/963 and S.I. 1993/1249.

(10)

Paragraph 53 was inserted by S.I. 1994/2137 and amended by S.I. 2002/841.

(11)

Paragraph 54 was inserted by S.I. 1994/2137 and amended by S.I. 2002/841.

(12)

Paragraph 55 was inserted by S.I. 1994/2137 and sub-paragraph (1) amended by S.I. 2002/841.

(13)

Paragraph 23 was substituted by S.I. 1991/1175 and amended by S.I. 1992/1101, S.I. 1993/1249 and S.I. 2004/1141.

(14)

Paragraph 64 was inserted by S.I. 2001/22.

(15)

Paragraph 67 was inserted by S.I. 2001/3481.